When Should You Contest a Divorce?
When you are done working on your marriage and have become fed up, you can call it quits. There are two types of divorce to consider — contested divorce and uncontested divorce. Ask those who have been divorced and most will tell you that an uncontested divorce is much easier. You may not even have to hire an attorney.
However, sometimes contesting your divorce is not a bad thing. Sometimes there is poor treatment in a marriage and to protect yourself legally, you need to contest your divorce and stand up for yourself. It happens a lot.
So, when should you contest your divorce? Here are some common situations.
Your Spouse is Hiding Assets in Divorce
When one spouse is planning for divorce, they may prepare by hiding assets. This is not only unfair but also illegal. When one spouse gets greedy, the other spouse loses out. So if you think your spouse may be hiding money or other assets of value, opt for a contested divorce. Litigation gives each spouse access to the discovery process. This will help identify all assets and put both parties on a more level playing field.
Your Spouse Does Not Want to Compromise During Divorce
If your spouse wants to take everything and leave you with nothing, then of course you want to contest that. Your assets should be divided equitably and if your spouse refuses to be reasonable, then be ready to take them to court so you get your fair share.
You Want to Protect Your Children
The best interests of your child should be a priority. If your spouse has been an absent parent but wants full custody of the children, then you know that’s not fair at all. The court will consider various factors, such as the relationship the parents have with the children and their ability to care for the children. If there are things such as abuse, neglect, substance abuse, or addiction, those will be considered, as well.
There is Poor Treatment Involved
If you were treated poorly in the marriage, you may want to contest the divorce so you ensure you are compensated appropriately. While the court may not care if your spouse cheated on you, the judge will frown upon abuse, neglect, abandonment, and other cruelty. So if you and your children were the victims of your spouse’s bad behavior, you will want to make this known. Besides, it can be hard to negotiate with someone who is abusive and prone to inflicting cruelty, so mediation and other tools in uncontested divorces are not usually recommended.
Contact Us Today
Sometimes there are situations in which contesting the divorce is necessary for the sake of fairness. You need to make sure you and your children are protected.
A contested divorce requires strong litigation. Seek legal help from Velez Law, PLLC. We’ll serve as your advocate in even the most high-conflict divorce. Fill out the online form or click below link to schedule a consultation.
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